Lady Bug

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  1. I understand. <<<Let plaintiff object>>>. Does that mean I should file it anyway and then let them object?
  2. Thank you for your quick reply! You're awesome! What is the "OC?" Where you given me a link to that? How can you tell he is PRO JDB? I think your message got cut off, because it only said "the judge you mentioned may be the one and only...." That's all I got. Thanks again for all your help!
  3. I apologize (this is my last chance to work on this before I found my answer). I would like to attach a few alternative defenses to my answer. I'm scared that if I don't raise them in the answer, I may lose the right raise them at a later date. #1) their first written communication with me looks to be full of violations in accord with 1788.52(d). QUESTION: which alternative defense would this come under? #2) because my identity has been stolen (I have proof of this), I would like to leave that open as a defense. QUESTION: which alternative defense would this come under? #3) understand that CCP section 98 is our best friend. Is there any alternative defense I need to raise which would help support that defense? And finally, when in this process do I file for further information under CCP 96? This looks like pretty powerful stuff, but it has to be served between 45 and 30 days "prior to the date first set for trial...." I don't even have a trial date yet, so will I have time to file this, or should I just file it with the answer (to the court, POS to applicant) and request for Bill of Particulars (POS to the applicant)? Thank you again so very much and sorry for the bombardment of questions!
  4. I'm sorry, one more question: I'm going to start working on my demand for a Bill of Particulars, and just read online that a Bill of Particulars is only available for actions that are on "an account." The first page of the complaint states that, under "complaint for:" "(1) account stated." There are 31 paragraphs listed under that. And that is it. Under "on the first cause of action:" there are three paragraphs: unpaid balance, costs of suit, and "such other relief as the court may deem just and proper." And that is the end of the complaint. Next come the exhibits. QUESTION: so may I assume that this action is based on the "an account" principle, which entitles me to send the attorneys a Bill of Particulars? Thanks again!
  5. I think I may have answered my own question. I googled him and says that he is a nonpartisan judge of the superior court of Santa Clara California and won [the] election outright in the primary on June 5, 2018. So I would think he is a "real judge," but doesn't have much experience. Am I reading this correctly? Thanks again!
  6. Hi again, I have one more question. I noticed that the judge assigned to this case is called a "case management judge." Is that a "real" judge? I read in this form that it's probably best to have your case heard by a real judge and that I could make a motion for this to happen. Anybody have any idea on this?
  7. COULD THIS COMPLAINT BE CERTIFIED? Although I've read that these JDB complaints are virtually never certified, after reading through this 40 page document, I did discover this document attached: CERTIFICATE OF CONFORMITY STATE OF UTAH CITY OF SALT LAKE the undersigned does hereby certify that he/she is an attorney-at-law duly admitted to practice in the state of Utah as a residence ofXXXX County of Utah; that he/she is a person duly qualified to make this certificate of conformity. That the foregoing acknowledgment by XXXXXXXX named in the foregoing instrument taken by XXXXX notary in the state of Utah conforms with the law of the state of Utah, being the state in which it was undertaken; and when executed by XXXXX in the manner indicated will qualify as a valid and effective sworn statement in such state. __________ scribbled signature, dated October 2017. Could somebody please let me know, for I know it makes a huge difference with regard to my answer. Thanks so much in advance! PS: this "certificate of conformity" came right after a notarized document which was entitled portfolio level affidavit of sale by original owner. This is the document that stated bank B "sold (or caused to be sold) a pool of charged-off accounts to Midland funding." So I guess I can't tell if this certificate of conformity applied to the sale of the debt to Midland, or to the entire complaint.
  8. Thanks so much for your answers. What if I wanted to muddy the waters by throwing in identity fraud. I do have a police report and I have copies of the fake check, and bank account notices from two different banks where they successfully opened up accounts and tried to get some money in there. Although this happened just last month. Couldn't I ask for records from Midland and when they deny them, couldn't that be possibly a grounds for appeal (I'm thinking ahead)? Or is that burden of proof entirely on me. I mean what I have to request copies of all my statements from bank B and bank A?
  9. I tried to PM you. Just FYI, I'm heading into work now, so I probably won't be checking my emails until later this evening. Thanks again for all your help.
  10. thank you so much. Absolutely if I can figure out how to do it.
  11. Another question, if you please: With what you know so far, do you think I stand a decent chance of at least being able to negotiate this down to, for example, $3500. I've spoken with a couple of attorneys who both would take the case. One wants $3500 with no guarantees. The other wants $650 +25% of whatever money he gets taken off the account. Just by speaking with the supervisor in their claims department (I wasn't allowed to talk to the attorney), I was able to get it down to $6500. Just trying to figure out the best way to mitigate this alleged debt. And of course I know you're not an attorney and any opinions you put forth are strictly for educational purposes only and should never be construed as legal advice.
  12. May ask another question please: with regard to requesting documents, what is the difference between "Bill of Particulars" request, versus just sending a request of documents per section 454, besides the latter gives the plaintiff 10 days and the former gives the plane of 30 days? I mean is there a ventricular strategy involved here? Thanks again!
  13. Okay, Great! Thanks again for your extraordinary generosity! I do have one question for you, if you don't mind. You said this in your very first post on this thread: <<<Read this thread by Coltfan. It really helps us understand standing since it's the key to a JDB case, or any court case. This is how you take apart the JDB's case by making them prove they have standing to sue. Guess what, they usually can't.>>> Unfortunately, when I click on that link it just takes me to the page that lists all the different forms. I've looked for the thread but I'm not sure which one you're talking about. Is there a way you could point me to that thread, for I'm definitely following in your footsteps on this case and would like to read it. Thank you so very much!
  14. Thanks again so much! Here's another question for you: just recently I have learned someone has stolen my identity and been opening up bank accounts under my name and then putting phony checks into the bank accounts and trying to collect money. In the worst case, they actually started a wire transfer from my current bank and try to wire money into the phony bank account. Luckily my alarms went off and I discovered the evildoing and put a stop to it. I had to file a police report and put an alert on my name at the credit bureaus. QUESTION: is there any way I can use this to really get an itemized statement just to make sure that I really did make all of these credit card charges. I don't know how long it's been going on, so it seems like they would have to produce an itemized statement for me??? QUESTION: I understand that according to CCP section 367 that the debt buyer must be the "real parties of interest," otherwise they don't have standing to sue. Can anybody tell me any case law or even any sections of the code that deal with the real parties of interest. I am aware of Cloud v. Northrop Grumman Corp., which ruled that a party that lacks standing to sue must dismiss or amend, but is there anything else? I guess I'm still trying to figure out what my defense is going to be and it seems that section 1788.52(b) or the CIVs sure isn't helping me... "For a revolving credit account, the most recent monthly statement recording the purchase transaction, last payment, or balance transfer shall be deemed sufficient to satisfy this requirement." They do have a copy of my last payment.